2002 Legislation
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HOUSE BILL NO. 690 – Landowners, legal liability

HOUSE BILL NO. 690

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Daily Data Tracking History



H0690.....................................................by WAYS AND MEANS
LANDOWNERS - Amends existing law to further define "recreational purposes"
for purposes of the limitation of legal liability for landowners.
                                                                        
02/28    House intro - 1st rdg - to printing
03/01    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 690
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LIMITATIONS OF LEGAL LIABILITY OF A  LANDOWNER;  AMENDING  SECTION
  3        36-1604,  IDAHO  CODE,  TO  REVISE THE PURPOSE, TO FURTHER DEFINE THE TERM
  4        "RECREATIONAL PURPOSES," TO DEFINE THE TERM "STATE," TO  PROVIDE  APPLICA-
  5        TION  AND NONAPPLICATION AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING
  6        AN EMERGENCY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 36-1604, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        36-1604.  LIMITATION  OF LIABILITY OF LANDOWNER. (a) Statement of Purpose.
 11    The purpose of this section is to encourage owners of  private  land  to  make
 12    land  and  water areas available to the public without charge for recreational
 13    purposes by limiting their liability toward persons entering thereon for  such
 14    purposes  and  to define the liability of the state where fees are charged for
 15    recreational purposes.
 16        (b)  Definitions. As used in this section:
 17        1.  "Land" means private or public  land,  roads,  trails,  water,  water-
 18        courses,  irrigation dams, water control structures, headgates, private or
 19        public ways and buildings, structures, and  machinery  or  equipment  when
 20        attached to or used on the realty.
 21        2.  "Owner" means the possessor of a fee interest, a tenant, lessee, occu-
 22        pant or person in control of the premises.
 23        3.  "Recreational  Ppurposes"  includes, but is not limited to, any of the
 24        following or any combination thereof: Hhunting, fishing,  swimming,  boat-
 25        ing,   rafting,   tubing,   camping,   picnicking,   canoeing,   kayaking,
 26        skateboarding,  inline  skating,  playing,  backpacking,  biking, off-road
 27        driving, golfing, ATV riding, sailboarding, surfing, skiing, snowboarding,
 28        cross-country  skiing,  snowshoeing,  ice  skating,  sledding,   climbing,
 29        bouldering, spelunking, parasailing, hangliding, shooting, bicycling, run-
 30        ning,  playing  on  playground  equipment,  athletic  competition, hiking,
 31        pleasure driving, nature study, water skiing, animal riding, motorcycling,
 32        snowmobiling, recreational vehicles, winter sports, and viewing or  enjoy-
 33        ing  historical,  archeological,  scenic,  geological or scientific sites,
 34        when done without charge of the owner.
 35        4.  "State" includes the state of Idaho, Idaho  cities,  counties,  school
 36        districts, recreation districts and each of its agents and employees.
 37        (c)  Owner  Exempt  from Warning. An owner of land owes no duty of care to
 38    keep the premises safe for entry by others for recreational  purposes,  or  to
 39    give any warning of a dangerous condition, use, structure, or activity on such
 40    premises  to persons entering for such purposes. Neither the installation of a
 41    sign or other form of warning of a dangerous  condition,  use,  structure,  or
 42    activity, nor any modification made for the purpose of improving the safety of
 43    others,  nor  the failure to maintain or keep in place any sign, other form of
                                                                        
                                           2
                                                                        
  1    warning, or modification made to improve safety, shall create liability on the
  2    part of an owner of land where there is no other basis for such liability.
  3        (d)  Owner Assumes No Liability. An owner of land or equipment who  either
  4    directly  or  indirectly  invites  or permits without charge any person to use
  5    such property for recreational purposes does not thereby:
  6        1.  Extend any assurance that the premises are safe for any purpose.
  7        2.  Confer upon such person the legal status of an invitee or licensee  to
  8        whom a duty of care is owed.
  9        3.  Assume  responsibility for or incur liability for any injury to person
 10        or property caused by an act of omission of such persons.
 11        (e)  Provisions Apply to Leased Public Land. Unless  otherwise  agreed  in
 12    writing,  the  provisions  of  this  section shall be deemed applicable to the
 13    duties and liability  of an owner of land leased to the state or any  subdivi-
 14    sion thereof for recreational purposes.
 15        (f)  Owner  Not  Required to Keep Land Safe. Nothing in this section shall
 16    be construed to:
 17        1.  Create a duty of care or ground of liability for injury to persons  or
 18        property.
 19        2.  Relieve any person using the land of another for recreational purposes
 20        from  any  obligation  which he may have in the absence of this section to
 21        exercise care in his use of such land and in his  activities  thereon,  or
 22        from legal consequences or failure to employ such care.
 23        3.  Apply  to  any person or persons who for compensation permits the land
 24        to be used for recreational purposes.
 25        (g)  User Liable for Damages. Any person using the  land  of  another  for
 26    recreational  purposes,  with  or  without permission, shall be liable for any
 27    damage to property, livestock or crops which he may cause while on said  prop-
 28    erty.
 29        (h)  The  provisions  of  this  section  shall be deemed applicable to the
 30    state for lands owned or managed, or both, for recreational purposes  notwith-
 31    standing whether a charge is imposed for engaging in recreational purposes.
 32        (i)  The  provisions  of this section shall not apply to the state for the
 33    design,  engineering,  operation  and  maintenance  of   swimming   pools   or
 34    waterslides.
                                                                        
 35        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 36    declared to exist, this act shall be in full force and effect on and after its
 37    passage and approval.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                           RS 12163

The purpose of this proposed amendment is to differentiate between
private landowners who charge for the use of their lands for
recreational purposes and the State of Idaho and its political
subdivisions who collect user fees to help offset the general fund
costs of operating and maintaining public parks.


                       FISCAL IMPACT


None.


Contact

Name:   Richard J. Collignon, Director 
        Dept. of Parks and Recreation
Phone:  334-4199
      




STATEMENT OF PURPOSE/FISCAL NOTE               H 690